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Colorado ACLU Cases

Legal Department Docket, 2002-Present

Case Name: American Civil Liberties Union of Colorado v. Gonzalez
Case Number: 04-CV-4161, District Court, City and County of Denver; 06-CA-1610, Colorado Court of Appeals
ACLU Case Number: 2004-01

Description: The State of Colorado adopted new administrative regulations setting out procedures for issuing permits and conducting rallies and demonstrations on the steps of the State Capitol. One regulation provides that the State of Colorado may cancel a permit for a rally whenever the Department of Homeland Security declare a state of heightened alert. The ACLU contends that this provision and others violate the due process rights of permit holders and threaten the right of free expression. In June, 2006, the district court upheld all but one of the challenged regulations, and the ACLU filed a notice of appeal. The State filed a cross appeal.

A settlement was reached in early 2008, just before oral argument was scheduled to be heard in the Court of Appeals.  The State revised the text of the challenged regulations and issued them in the form of emergency rules in February, 2008.  The parties agreed to dismiss the pending appeal. 

Issues: Freedom of Speech, Right to Petition the Government, Due Process

ACLU of Colorado Attorneys: Kevin Paul, Cynthis Coleman, Jennifer Lee, Mark Silverstein


Links to Selected Documents:

ACLU Comments submitted at Rulemaking Proceeding, March 1, 2004

Complaint, filed May 28, 2004

State Capitol Complex Buildings and Grounds Regulations, effective April 30, 2004 (Complaint, Exhibit A)

ACLU summary judgment brief

ACLU reply in support of motion for summary judgment

ACLU opening brief, Colorado Court of Appeals, Feb. 20, 2007

ACLU reply brief, Colorado Court of Appeals, Aug. 7, 2007

“ACLU announces settlement of 4-year-old lawsuit over Colorado regulations threatening the public’s right to free speech at the State Capitol,” ACLU news release, March 5, 2008

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